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PEOPLE v. HANSEL

Docket No. S020080.

1 Cal.4th 1211 (1992)

824 P.2d 694

4 Cal. Rptr.2d 888

THE PEOPLE, Plaintiff and Appellant, v. VIENNA RAE HANSEL et al., Defendants and Respondents.

Supreme Court of California.

February 27, 1992.

Attorney(s) appearing for the Case

COUNSEL

Michael R. Capizzi, District Attorney, Maurice L. Evans, Chief Assistant District Attorney, John D. Conley, Assistant District Attorney, James P. Cloninger, Joel R. Stone, Douglas H. Woodsmall and Kathleen M. Harper, Deputy District Attorneys, for Plaintiff and Appellant.

Rebecca Donaldson, Tonya E. Prescott and Estelle A. Schleicher, under appointments by the Supreme Court, for Defendants and Respondents.

Ronald Y. Butler, Public Defender (Orange), Carl C. Holmes, Chief Deputy Public Defender, Thomas Havlena and Kevin J. Phillips, Deputy Public Defenders, as Amici Curiae on behalf of Defendants and Respondents.

OPINION

PANELLI, J.

When a defendant's motion to suppress evidence at the preliminary examination is denied and the defendant renews it in the superior court, are the People permitted to recall witnesses only when the defendant presents new evidence at the second hearing, under Penal Code section 1538.5, subdivision (i)?1 We conclude that the People's right to recall witnesses is not so limited. We also...

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